4.5. PCSR 05-28-2019
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Applicable Regulation
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to
the development or operation of the proposed use as it considers necessary to satisfy the seven standards
set forth in Section 30-654 and the requirements contained in this article and to promote compatibility
with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
The use being proposed is commercial in nature and located in an industrial-zoned district. The
use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the
immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of
the neighborhood or the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The land use designation of FAST allows for commercial development. The use will be consistent
with the comprehensive plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
Most of the surrounding properties are vacant but a commercial use on a parcel currently under
operation and on an intersection of a state highway will not impede the normal and orderly
development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
In order to help reduce interference with traffic on U.S. Highways 10/169 and per Minnesota
Statute 8810.5200, MnDOT will no longer permit access onto U.S. Highway 10. MnDOT requires
the U.S. Highway 10 access for the subject parcel be closed and access be taken from 165th
Avenue. The area of the access, once removed, should be re-sloped or graded to match the
existing grade.
In order to provide better traffic management, MnDOT and the city recommend the existing
thth
access onto 165 Avenue be relocated 125 feet to the east on 165 Avenue, thus reducing
interference with ingress/egress movements on the site and providing better stacking distance on
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165 Avenue, without blocking site access.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental
to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
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The commercial use will involve the display of vehicles for sale with customers entering/leaving
the site. The use will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons or property because of excessive traffic, noise,
smoke, fumes, glare, odors, dust, or vibrations.
Staff does not see a need to impose specific conditions to satisfy this standard.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
No exterior site work is being proposed. The use will not result in the destruction, loss or damage
of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
The city’s Building Official visited the site/building and determined that a city building permit is
not required with this proposal and does not see any issues with the existing space.
Staff does not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on June 28, 2019.
Council Meeting
If acted on, this item will go to the June 17, 2019, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plans
Floor Plan
Engineering Memo dated May 8, 2019
Memo from Jennifer Wiltgen, Principal Planner, MnDOT, dated May 17, 2019
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Memorandum
To: Planning Department
From: Jenna Fabish, Engineering
Date: May 8, 2019
Subject: Site Plan Review – May 2019
_______________________________________________________________________
The department listed above has reviewed the application listed below and has the following
comments:
SP 19-02 Crown Castle (on behalf of T-Mobile Central LLC) – 19050 Industrial
Blvd. – admin. review of modifications to communications tower
1. Verify that additional height does not impact local air traffic.
V 19-02 Scott Lillestrand – 12426 193rd Ln. NW – 2.5’ side-yard setback
variance to construct a deck
1. No concerns or issues with the application as proposed.
CR 19-01 Linda Schultz, 20655 Victoria Dr. NW – concept review of lot split
1. Require dedication of 30-foot strip of right-of-way along entire north property as
depicted on layout included in the email from Scott Dahlke to Mr. Carlton on May 8, 2019.
CR 19-02 Tall Pine Holdings LLC – Acuity Group (Dusty Heggem) – Lot 3,
Block 1, Mulvaney Point – concept review of 8- 1-level townhome rental
1. Extend sidewalk along 183rd Circle to east side of property.
2. Driveway width at connection with a public street shall be no wider than 30-feet,
the City’s maximum driveway width.
3. Submit site, utility and grading plan for review.
4. Consider landscaping along 181st Avenue (CSAH 12)
P 19-02 / CU 19-08 / ZC 19-02 Tall Pines PUD 2nd Addition - Preliminary Plat
for 30- 1-level detached townhomes; Zone Change from BP to PUD; CUP for PUD
1. Verify pond location and grading impacts. Any grading impacts temporary or
permanent to Twin Lakes Road (CSAH 13) right of way need to be submitted
for review and approval from Sherburne County.
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2. Plan does not provide for orderly development of the adjacent parcel to the
south.
3. The layout of a long private street is concerning when it is being proposed with a
cul-de-sac that does not support an adequate turn around for emergency service
and delivery vehicles. No similar private street in town has this many units
served by a single access point to the public street network.
4. Right-of-way should be dedicated along Line Avenue for a potential cul-de-sac.
5. Submit plan profile sheets for sewer and water system additions. It is assumed
these will be privately owned systems.
6. Detail connection to sewer and water systems.
CU 19-02 Karen Randall- 19101 Zebulon St. NW – CUP for private kennel to
house 9 dogs/2 cats
1. No concerns or issues with the application as proposed.
CU 19-03 The Briggs Companies – 17354 Zane St. NW – CUP to relocate
business offices from Masonic Lodge into former Saxon building
1. Need updated drawings for proposed improvements.
2. Rebulid failed stormwater basin.
3. Consider addition of storm water features in parking lot for green space and
stormwater treatment.
CU 19-04 Igelsia Luz de Cristo/The Briggs Companies - 17354 Zane St. NW –
CUP to relocate church from Masonic Lodge into former Saxon building
1. Consider results of the proposed TH 10 study and how it may limit access at
173rd Avenue forcing traffic down to 171st Ave or the proposed Twin Lakes
Road/ Yates Court intersection.
CU 19-05 East Central Sports – 16501 US Highway 10 NW – CUP to retail ATVs,
dirt bikes, go karts, UTVs
1. MnDOT may require removal of the TH 10/169 access point.
2. Consider shifting access along 165th Avenue northward to northeastern property
line for traffic management along 165th Avenue and access to TH 10.
CU 19-07 Guardian Angels by the Lake – 13439 185th Ln. NW - CUP to build a 2-
stall garage to store 2 HC accessible busses
1. Need updated grading plan.
2. Where is this thing going? Why are they building it in a grassy hill? It will need a
driveway access.
IU 19-01 Three Rivers Montessori Charter School – 1304 Main St. NW – Interim
Use Permit to operate a Montessori charter school inside the lower level of Elk River
United Methodist Church
1. Verify turning movements for bus route through parking lot. Consider bus drop
off zone on 4th Street West.
2. Applicant must provide adequate pedestrian assistance during operating hours
for children attending by non-motorized modes of transportation.
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IU 19-02 Copart of Connecticut, Inc. – 15932 Jarvis St NW – Interim Use Permit
to operate an asset liquidation service of used undamaged or damaged vehicles,
trailers, watercraft, and powersports, industrial and construction equipment
1. Close southern access point.
2. Provide 100% screening on all sides.
3. All surfaces to be used for parking need to be improved. Submit plan for proposed
improvements.
Metropolitan District
1500 County Road B2 West
Roseville, MN 55113
An equal opportunity employer
May 17, 2019
Jennifer Green
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
SUBJECT: East Central Sports
16501 US-10 (NW quad of US 10 and 165th Ave NW)
MnDOT Review S19-025
Elk River, Sherburne County
Control Section 7101
Dear Ms. Green,
The Minnesota Department of Transportation (MnDOT) has reviewed the above referenced site plans.
Before any further development, please address the following issues:
Access Closure on US 10:
Minnesota Statute 8810.5200 states: “In the event of a change in land use or major change in the traffic
pattern of the existing facility, existing driveways are not automatically perpetuated and new driveway
access applications shall be submitted.” This development constitutes a change in use.
Consistent with MnDOT’s Access Management Guidelines, the existing driveway access onto US 10
will no longer be permitted. MnDOT requires that the US 10 access for this parcel be closed, and that
access be taken from 165th Avenue. The area of the former driveway should be re-sloped or graded to
match the existing grade.
For questions, please contact Jennifer Wiltgen at Jennifer.wiltgen@state.mn.us or 651-234-7788.
165th Avenue NW Driveway Access:
MnDOT recommends the city require that the existing access onto 165th Ave NW be relocated 125 feet
to the east and be designed to the standard width for a commercial entrance (32 feet wide).
For questions, please contact Jeff Rones of MnDOT’s Metro District Design section at
Jeffrey.Rones@state.mn.us or 651-234-7647.
Permits:
The removal of the driveway to US 10 requires a MnDOT Miscellaneous Work Permit (Form 1723).
In addition, any other use of or work within or affecting the MnDOT right of way requires a permit.
Permit forms are available and may be submitted on line at MnDOT’s utility website at:
https://dotapp7.dot.state.mn.us/OLPA.
Please include one to one set of plans formatted to 11X17 with each permit application. Please
submit/send all permit applications and 11X17plan sets to: metropermitapps.dot@state.mn.us.
Please direct any questions regarding permit requirements to Buck Craig (651-234-7911) of MnDOT’s
Metro Permits Section.
Review Submittal Options:
MnDOT’s goal is to complete the review of plans within 30 days. Submittals sent in electronically can
usually be turned around faster. There are four submittal options. Please submit either:
1. An electronic .pdf version of the plans. MnDOT can accept the plans via e-mail at
metrodevreviews.dot@state.mn.us provided that each separate e-mail is less than 20
megabytes.
2. A compact disc with the plans in .pdf format. The disc can be sent to:
MnDOT – Metro District Planning Section
Development Reviews Coordinator
1500 West County Road B-2
Roseville, MN 55113
3. A .pdf version of the plans sent to MnDOT’s external shared workspace site located at:
https://mft.dot.state.mn.us Please contact MnDOT development review staff gain access to
the shared workspace site. Also, please send a note to metrodevreviews.dot@state.mn.us
indicating the file name and stating that the plans have been submitted on the shared
workspace site.
4. If you are unable to send the plans electronically, please submit a set of full size plans to the
above address.
If you have any questions concerning this review please contact me at (651) 234-7788.
Sincerely,
Jennifer Wiltgen
Principal Planner
Copy sent via E-Mail:
Brian Kelly, Water Resources
Buck Craig, Permits
Jeff Dierberger, Permits
Mike Lynch, Right-of-Way
Ashley Roup, Traffic
Melissa Barnes, Area Engineer
Jeff Rones, Design
Cameron Muhic, Bike-Ped
Russell Owen, Met Council